COPARENTING ARRANGEMENTS IN A JURISDICTION WITH STATUTORY GUIDELINES

In: Family court review: publ. in assoc. with: Association of Family and Conciliation Courts, Band 35, Heft 4, S. 443-469

Abstract

Some states have recently moved away from the traditional winner‐loser model of child custody to one focused on coparenting. Under the old approach, divorce decrees typically "awarded" custody to one parent while relegating the other to a "visitor" with poorly defined status. The new system is premised on the child's need for a continuing relationship with both parents and promotes this goal by upgrading the noncustodial parent's status and time‐share, assigning substantive rights and responsibilities to both parents. To give effect to the shared parenting idea, Texas adopted joint custody and statutory visitation guidelines legislatively. The policy covers all major aspects of parental rights and duties with great specificity (not just child support, for which all states must have guidelines). It applies equally to divorce and paternity cases. Judges are authorized to deviate from standard visitation guidelines but must state a rationale for doing so on request. Parties may also negotiate and agree to arrangements at variance with the guidelines, subject to approval by the court. This article describes the statutory regime in Texas and its implementation in the family court system. Based on a sample of divorce and paternity cases in the state's largest jurisdiction, it documents innovative court interventions and a wide array of coparenting and support arrangements.